The judge of Instruction number 17 of Madrid has agreed to release a Cabify user who spent 15 days in pretrial detention after his identity was supplanted by the robbers of a driver of this VTC service. The criminals used this user's phone number and bank account to create a fake profile with which to steal.

The resolution of the Court is due to the negative result of the practice of the recognition test of the aggressors by the robbery victim. The injured user, however, continues to be investigated and the judge urges him to inform him how many changes of address he verifies, meaning that the breach of such obligations could result in his return to prison.

The robbery occurred on October 25 , when two individuals who have just been identified, requested a trip through the application of the transport company VTC, Cabify, bound for the Carabanchel neighborhood of Madrid.

During the trip and as reported by the driver, one of the two young men asked for the mobile phone to make a call, because his had allegedly run out of battery. Suspecting their intentions, the driver agreed to hand over his personal phone, but not before activating the vehicle door lock .

At this time, the robbers tried to force the doors and given the impossibility of fleeing, one of the young men threatened with a knife to the driver , who agreed to remove the blockade. The thieves left the scene, carrying the victim's mobile phone and 150 euros, which the complainant carried in the case of his device.

The driver filed the respective complaint at the police station and the police soon found one of the alleged thieves, citing him the next day at police stations, as his telephone number was included in the account of the application from where the VTC was requested.

The next day, the real owner of the telephone, MFL , appeared at the police station and, to his surprise, was arrested and brought to justice , charged with a crime for robbery with violence and intimidation, so he was immediately admitted to prison provisional without bail.

Geolocated 15 kilometers away

The defense of the accused, which exercises the partner Ospina Lawyers, Juan Gonzalo Ospina, called for the practice test to show if the phone number used in the application account was of ownership, neither email nor the rest of the Personal information matched the same. In addition, it could be proved that on the day of the events the investigator was in another neighborhood of Madrid , more than 15 kilometers from the place of the events, thanks to the geolocation of his telephone.

After two weeks in provisional prison, Ospina requested that a reconnaissance wheel be practiced with several detainees in which the complainant did not recognize his client, but pointed out, without a doubt, one of the alleged robbers, who had been arrested in relation to other similar facts. At this time, the defense was interested in the archiving of the procedure and the immediate release for its client.

This was understood by the judge of the Court of Instruction Number 17 of Madrid, Isabel Durántez, who after the end of the reconnaissance wheel, signed his release from prison.

According to the criteria of The Trust Project

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